Yesterday, ICAC handed down it's findings from a lengthy investigation on the awarding of mining licenses that involved two former heavyweight Labor politicians. It's finding was quite damning ! It found that they - and others - had engaged in corruption and it reccommended that criminal action should be taken.
What many of the public find amazing is that the two men in question are still living normal lives. This story is creating newspaper headlines, but the ICAC report will first have to be considered by the DPP before any further action eventuates - and it is suggested that could be " years into the future " !
The accused may go to court and challenge the ICAC findings. The alleged corruption delivered a mint of money and finance will not be a problem in engaging the best counsel for a defence. It is even suggested that the DPP may have to ask the government for extra money if it is to take on two such spectacular prosecutions as the task is far beyond it's present funding level.
While the wheels of justice are creaking slowly, it raises the question of what happens to any loot gained from the alleged corruption. We have laws that authorise the confiscation of " the proceeds of crime " - and we constantly see the lavish toys of those dealing in the drug trade confiscated and held by the police while the owners are awaiting prosecution. The confiscation comes first - and the conviction follows.
There seems a good chance that if this prosecution needs a time frame measured in years, much of the crime proceeds may be dissipated if it remains under the control of the accused.
This does not seem to be the " justice " we mere mortals have to contend with when we are accused of a crime. The cops come a'calling and we see the inside of a police cell - until we face a bail court and even then gaining our liberty can depend on access to bail money or a surety.
It seems that things are different - in the " big end of town "
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